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Yevamos 37

YEVAMOS 36 & 37 - sponsored by Hagaon Rav Yosef Pearlman of London, a living demonstration of love for and adoration of the Torah.

1) [line 2] SHARISU?! - (lit. have you permitted [her]?!) have you found a way to absolve the Kohen's wife of the need for Chalitzah, and as such she will not be prohibited to him?!

2) [line 5] YEHEI RA'AVA D'SISHTERU AF TARBA! - (derisively) may it be HaSh-m's will that you [find a way to] permit Chelev (forbidden fats)!

3) [line 12] MESHAMTINAN LEI (SHAMTA / NIDUY) - we put him in Niduy (excommunication)
(a) The minimum period of Niduy is thirty days in Eretz Yisrael or seven days in Bavel and elsewhere. If the Menudeh does not repent from his ways he is put into Niduy for a second thirty-day period. If he still does not repent, he is then put into Cherem. The laws of Cherem are much more stringent.
(b) No one may come within four Amos of the Menudeh, except for his wife and family. He is not permitted to eat or drink with other people, nor is he included in a Zimun or any other Mitzvah that requires a quorum of ten men. He may not wash his clothes, shave or take a haircut or wear shoes. Learning and teaching Torah, however, are permitted, as well as engaging in work. The last two are not permitted to a Muchram, who must learn by himself and engage in work to the minimum that will provide him daily sustenance. People may speak with the Menudeh or the Muchram unless Beis Din specifically prohibit it.
(c) Even if the time of the Cherem or Niduy has finished, a person remains in Niduy or Cherem until he is permitted by three commoners or by an expert sage (Shulchan Aruch 334:27 and Rema 334:24)

4) [line 13] IRUKEI MISTAYEI - (lit. his running away suffices for him) the fact that he ran away shows that he does not intend to marry her before three months have elapsed, and as such, Beis Din does not have to force him to give her a Get

*5*) [line 28] RISHON - that is, the first one to be born, who is a Safek
6) [line 35] MAMZER VADAI MI'SAFEK - has the status of a definite Mamzer with regard to the fact that it is permitted for him to marry a Mamzeres, because of the doubt

7) [line 40] SHESUKI
A Shesuki is a person (male or female) whose paternal lineage is in doubt, and the possibility exists that he is a Mamzer. The term is derived from the word Shesikah, quiet, since when he calls for his father, his mother tells him to be quiet.

8) [line 40] ASUFI
An Asufi is unaware of his (or her) maternal and paternal lineage, and the possibility exists that he is a Mamzer. The term is derived from the word Le'esof, to gather or bring in, since he was brought in from the streets not knowing the identity of his parents.

9) [line 41] V'KUSI (KUSIM)
(a) The King of Ashur brought the people of Kusa to Eretz Yisrael and made them settle in the Shomron. They converted to Judaism after they found themselves under attack from lions. The Chachamim disagree as to whether their conversion was honest and valid (Geirei Emes) or not (Geirei Arayos).
(b) After the times of the Mishnah, the Kusim were found worshipping an image of a dove and the Chachamim gave them the status of non-Jews. (According to most Rishonim, this means that they decided to treat them like non-Jews l'Chumra, even if they were Geirei Emes. According to the Rambam (Peirush ha'Mishnayos), however, this means that they decided that their conversion was not sincere and deemed them non-Jews (Geirei Arayos) for all Halachic matters.)
(c) Even though the Kusim kept many Mitzvos of the Torah down to their last detail, there were other Mitzvos that they did not keep at all. For example, the Kusim did not refrain from causing others to sin (which is prohibited by the verse, "Lifnei Iver Lo Siten Michshol" - "You shall not put a stumbling block before the blind" -- Vayikra 19:14).
(d) One of the Halachos about which the Kusim were not careful was the requirement of Kidushin (betrothal) before marriage. Kidushin forms a bond of husband and wife that is only severed by a Get (bill of divorce), but Kusim would not give a Get after effecting Kidushin with a woman. It is possible that one Kusi effected Kidushin with a woman and another Kusi married her before she received a Get from her first husband, a situation that led Chazal to fear that many of their offspring might be Mamzerim (RASHI).

10) [line 44] CHALALEI
(a) The Torah commands a Kohen Gadol not to marry a widow, divorcee, prostitute or Chalalah (Vayikra 21:14). A Kohen Hedyot is permitted to marry a widow, but not any of the other women listed above. The child from one of the above-mentioned unions is invalidated from the Kehunah, and is called a "Chalal." The prohibited union also renders the woman a Chalalah. The Rabanan also prohibited all Kohanim from marrying a Chalutzah, and made the children of a Kohen from a Chalutzah Chalalim mid'Rabanan.
(b) A Chalal may not serve in the Beis ha'Mikdash and according to some sources is Chayav Misah b'Yedei Shamayim if he does (MINCHAS CHINUCH 275:5). A Chalal does not eat Terumah or the Kodshim reserved for Kohanim (Terumos 8:1), and is not restricted with regard to the women that he is allowed to marry. Chalalim are not prohibited from coming into contact with corpses. Chalalim are not considered Kohanim with regard to the other privileges and restrictions pertaining to Kohanim, as well.

11) [line 44] CHARUREI - freed slaves

12) [line 44] NESINEI (THE NESINIM)
(a) In the times of Yehoshua, the Giv'onim (one of the seven nations whom the Jewish People were commanded to destroy upon entering Eretz Yisrael) came and presented themselves before Yehoshua as if they came from a far-off land. Since they claimed not to be residents of Eretz Yisrael, they requested to be converted and to make peace with the Jewish People. After Yehoshua agreed to accept them, it was discovered that they were one of the seven prohibited nations. Having already accepted them, Yehoshua did not want to break his oath and covenant with them (even though they tricked him and the oath was uttered in error) so as not to cause a Chilul HaSh-m. Yehoshua accepted them and appointed them to be woodchoppers and water drawers to supply the needs for the sacrificial service on the Mizbe'ach (Yehoshua 9:3-27). In the times of Moshe Rabeinu Giv'onim also came to be converted as they did in the times of Yehoshua, and Moshe also made them woodchoppers and water drawers (Yevamos 79a, based on Devarim 29:10). These people became known as "Nesinim," (from the root "Nasan," to give) since they were "given over" by Moshe and Yehoshua ["va'Yitenem..." - "And he appointed them..." (Yehoshua 9:27)] to perform the tasks of chopping wood and drawing water.
(b) The Nesinim are not permitted to marry someone who was born Jewish, just like Mamzerim. RASHI and TOSFOS (Kesuvos 29a and elsewhere) argue as to whether they are prohibited mid'Oraisa or mid'Rabanan. We find that the Gemara (Yevamos 79a) states that Moshe Rabeinu "decreed" regarding the Nesinim of his generation, and Yehoshua extended the "decree" to last as long as the Mishkan or Beis ha'Mikdash would stand. David ha'Melech later extended "the decree" to include all time, even if the Beis ha'Mikdash would be destroyed (because of the trait of cruelty that the Nesinim exhibited, which showed that they were not worthy of uniting with the descendants of Avraham, Yitzchak and Yakov). According to Rashi (Kesuvos 29a and elsewhere), these decrees were prohibitions against marriage, and as such the prohibition against marrying Nesinim is an Isur mid'Rabanan. According to Tosfos (and Rashi here DH Nesinei, unlike his opinion elsewhere), these decrees were of appointments of servitude. The prohibition against marrying them, though, is mid'Oraisa, since the Torah commands against marrying the seven prohibited nations even if they convert to Judaism (Yevamos 76a).


13) [line 6] ME'EIZEH MEHEN KIBLAH - from which one she became pregnant
14) [line 14] DARDESHIR - Weh-Ardashir or Ardjir, formerly Seleucia, ancient city of Mesopotamia (present-day Iraq). Seleucia was founded by King Seleucus I, one of the generals of Alexander the Great, sometime after 311 BCE, on the west bank of the Tigris River northeast of Babylon, which was despoiled to supply materials for its construction. Controlling the navigation of the Tigris and Euphrates rivers as well as the commerce of Mesopotamia, the city rapidly rose to wealth and splendor, becoming a famous center of Hellenistic civilization. When in the 2nd century BCE Mesopotamia came under the rule of Parthia, Seleucia continued as a great commercial city and in the 1st century CE had a population of 600,000. The city was partly burned by the Roman emperor Trajan in 116 CE, and in 164 CE it was completely destroyed by the Roman general Avidius Cassius in his campaign against the Parthians. The destruction of Seleucia marked the end of Hellenistic civilization in Mesopotamia. Ardashir I, king of the New Persian Empire (224-241 CE) and founder of the Sassanid Dynasty, built Weh-Ardashir on the ruins of Seleucia.

15) [line 14] MAN HAVYA L'YOMA? - who is willing to be my wife for a day?
16) [line 15] SHECHANTZIV - a place in Bavel, possibly Elsib, south of Baghdad
17) [line 16] PEKI'A SHEMAIHU - their names are well known by everyone
18) [line 17] TAV'UHA L'HINASEI - if a woman was asked to be married
19) [line 18] V'NISPAISAH - and she agreed
20) [line 18] RABANAN, SHELUCHAIHU HAVU MESHADREI, U'MOD'I LEHU - The Chachamim would send their messengers (at least seven days in advance), to let their intended brides know that they would be coming

21) [line 24] "AL TACHAROSH AL RE'ACHA RA'AH, V'HU YOSHEV LA'VETACH ITACH." - "Do not plot evil against your neighbor, seeing as he dwells securely with you." (Mishlei 3:29) - The Gemara interprets this verse as referring to one's wife.

22) [line 26] NICHSEI MISNA - the properties of the dead brother
23) [line 30] MANASA - a[n equal] portion
24) [line 37] IY ACHUCHON ANA - if, [as you claim,] I am your brother
25) [line 38] HAVU LI PALGA D'FALAG AVUCHON BAHADAI - give me back the half that your father received when he divided the estate with me

26) [line 39] KAM DINA - the original judgement stands; i.e. the properties of the first brother who died, which were divided, remain in the estates to which they were first allotted and the Safek has no claim
b) [line 39] HADAR DINA - the original judgement is judged anew; i.e. the Safek's claim is valid

27) [line 47] MEHADRANA SHETARA L'MARAIHU, V'LO MATZIS L'ISHTA'UYEI DINA BAHADAIHU - I will return the deeds [of my fields] to their original owners, and you will not be able to extract anything from them in court

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